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CR.MA/3669/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3669 of 2008
=========================================
SANJAY
DHIRAJLAL ZALA & 4 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
SATYEN B RAWAL for Applicant(s) : 1 - 5.
PUBLIC
PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 23/06/2008
ORAL
ORDER
1. Heard
Mr. S.B. Rawal, learned advocate for the petitioners.
2. It
is contended that no part of cause of action arises within the
terrotorial jurisdiction of the learned Chief Judicial Magistrate,
Palanpur. It is submitted that in the circumstances, in view of the
provisions of sections 177 and 178 of the Code of Criminal Procedure,
1973, the matter is required to be transferred to the Court of
competent jurisdiction at Rajkot. In support of his submission, the
learned advocate has placed reliance upon a decision of the Supreme
Court in the case of Manish Ratan and others v. State of M.P.
and another, (2007) 1 SCC 262.
3. Considering
the submissions advanced by the learned advocate for the petitioners,
issue Notice returnable on 21st July, 2008. By way of ad
interim relief, further proceedings pursuant to the First Information
Report registered vide Palanpur City Police station II C.R. No.344 of
2007, are hereby stayed till then.
4. Mrs.
M.L. Shah, learned Additional Public Prosecutor waives service of
notice on behalf of respondent No.1, State of Gujarat.
Direct
service is permitted qua respondent No.2.
(HARSHA
DEVANI, J.)
shekhar/-
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